NORWAY Law and Practice Contributed by: Mona Søyland, Øystein Nore Nyhus, Halvor Klingenberg and Fredrik Haberer Anfinsen, Simonsen Vogt Wiig
2.2 Impact of Environmentally Protected Areas on Mining Norway has several environmentally protected areas designed to conserve its natural heritage. These include national parks, nature reserves, protected landscapes and marine protected areas. The management and establishment of these protected areas are governed by the Nature Diversity Act and other relevant environ - mental legislation. In environmentally protected areas, activities such as exploration, extraction and mining are heavily restricted. The primary goal of these restrictions is to preserve biodiversity, land - scapes and natural habitats. In some of these areas, activities under the Minerals Act are com - pletely prohibited as mining is not considered to be aligned with the purposes of the conserva - tion. 2.3 Impact of Community Relations on Mining Projects The Minerals Act and other relevant laws and regulations applicable to the mining sector are designed to ensure transparency and local involvement. These laws require hearing pro - cedures and consultations with affected com - munities before a permit is granted. As a mining project requires a municipal land use plan, local acceptance is of great importance. An environmental impact assessment will be processed for major projects where social and environmental consequences are considered before a decision is made. Mining projects in areas with a potential effect on the indigenous Sámi population are further subject to separate consultation procedures.
The Norwegian Environmental Agency (the “NEA”) may require that an environmental impact assessment is carried out for activities that may cause major pollution effects. However this will be co-ordinated with similar requirements in other legislation, eg, the Planning and Build - ing Act. An application will be subject to public consultation, allowing stakeholders, including local communities and environmental organisa - tions, to provide input. A permit will often include several conditions intended to prevent pollution from resulting in damage or nuisance and further conditions to ensure protection and clean-up measures. Monitoring and compliance checks are conducted to ensure adherence. Environmental regulation and permitting in Nor - way are primarily managed at a national level by the NEA. The agency oversees the implementa - tion of environmental laws, issues permits and monitors compliance. Some responsibilities are also delegated to municipal and county govern - ments. In addition to the Pollution Control Act the envi - ronment is protected by the Nature Diversity Act, which protects biodiversity and sustainable use of natural resources and aligns with the Con - vention on Biological Diversity. An environmental impact assessment is often required for mining projects to assess the potential environmen - tal impacts. It is important to engage with the authorities at an early stage to determine wheth - er the project requires an environmental impact assessment. The environmental regulations also ensure sus - tainable mining.
352 CHAMBERS.COM
Powered by FlippingBook